State v. . Davis

Reake, J.

We are of the same opinion with His Honor in all his rulings, only one of which requires any elaboration. It is the act of abandonment and failure to support, that constitute the offence'. The first offence was in 1873 and is barred by the statute of limitations. It is not a continuing-offence by reason of the continued separation; so that the-question is whether there was a second offence in the latter-part of the year 1877. The parties were together treating as to what should be their future relations. The wife pro ■posed a complete restoration of tbeir marriage relations which the husband declined, but he agreed to support her And did support her for two weeks, when he refused to support her any longer. Being already separated this refusal ■completed the second offence.

Much stress was laid by the defendant’s counsel upon the ■duress under which the defendant was alleged to have contracted the marriage. But the duress was not made out. It is true he was sued by the febae for a breach of promise •of mari’iageand seduction, and was under arrest, but the arrest was lawful. A promises to pay B a hundred dollars, .and B sues him for a breach of promise and compels him to pay; that is compulsión, but is not duress. And his declaration that he did not want to comply was no evidence of •duress.

No error. Judgment affirmed.